1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. At the time of the instant accident, at the time of the accident, the part front of the right side of the Plaintiff’s vehicle in front of the road accident situation in Gangnam-gu Seoul, Gangnam-gu at the location of 09:05 on June 21, 2018 at the time of the instant accident: (a) and the part on the left side of the Defendant’s vehicle in front of the Plaintiff’s vehicle in front of the road accident situation in front of Gangnam-gu Seoul, and the purport of the entire pleadings, as a whole, is without any dispute on July 11, 2018 on the payment date of the insurance proceeds for self-motor vehicle damage security (the cost of repairing the Plaintiff’s vehicle).

2. In light of the following circumstances, the instant accident occurred due to the common negligence of the driver of the original Defendant’s vehicle, and the negligence ratio is reasonable to regard the Plaintiff’s vehicle as 15% and the Defendant’s vehicle as 85%.

① Although the two-lanes at the point of the instant accident are in which the U.S. is prohibited, the driver of the Defendant vehicle, without turning on the direction direction etc., was faced with the Plaintiff’s vehicle in which the U.S. was in a normal U.S., and the driver of the Defendant vehicle tried to make a U.S. immediately from the two-lane. As such, the main fault in the instant accident ought to be deemed as the

② However, in view of the fact that the Plaintiff’s driver was aware that the Defendant’s vehicle, who was going on the front section at the time, was trying for an internship while driving along the front section, even though they did not lower the speed, the Plaintiff’s driver ought to be deemed to have been partly responsible for the instant accident even on the Plaintiff’s driver, and it is reasonable to view that the entire ratio exceeds 15%.

3. Conclusion: (i) the Defendant’s claim amounting to KRW 3,407,471 (i.e., KRW 4,008,790 x KRW 85% of the insurance money paid by the Plaintiff x less than KRW 85% of the insurance money payment date) and the Defendant’s claim on the scope of the Defendant’s obligation from July 12, 2018, which is deemed reasonable from July 2, 2018, the date of the first instance judgment, which is April 25, 2019, shall be 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases Concerning the Promotion,